Investment Canada Act (R.S.C., 1985, c. 28 (1st Supp.))

RELATED PROVISIONS

• — 2009, c. 2, s. 464

  • Transactions implemented during transitional period

    464 An investment referred to in section 25.1 of the Investment Canada Act, as enacted by section 453, implemented within the period beginning on February 6, 2009 and ending on the day on which this Act receives royal assent, is subject to review under section 25.3 of that Act, as enacted by section 453, if the Minister of Industry sends a notice to the non-Canadian, within 60 days after the day on which this Act receives royal assent, indicating that the investment shall be subject to a review.

• — 2013, c. 33, s. 149

  • Definitions

    149 The following definitions apply in sections 150 to 153.

    the Act

    the Act means the Investment Canada Act. (Loi)

    transition period

    transition period means the period beginning on April 29, 2013 and ending on the day on which sections 143 and 144 come into force. (période transitoire)

• — 2013, c. 33, s. 150

  • Certain applications deemed never filed

    150 Any application that is filed under section 17 of the Act before the day on which subsection 14.1(1) of the Act, as enacted by subsection 137(1), comes into force and in respect of which the Minister of Industry has not issued a decision before that day is deemed never to have been filed if

    • (a) the investment to which the application relates would be subject to subsection 14.1(1) of the Act, as enacted by subsection 137(1), had the application been made on that day; and

    • (b) the enterprise value of the assets to which the application relates is less than the amount referred to in paragraph 14.1(1)(a) of the Act, as enacted by subsection 137(1).

• — 2013, c. 33, s. 151

  • Application of subsection 26(2.31)

    • 151 (1) The Minister of Industry may make a determination under subsection 26(2.31) of the Act, as enacted by subsection 143(4), in respect of an entity that has implemented an investment during the transition period only if he or she has sent to the entity, within 60 days after the end of the transition period, a notice stating that he or she is undertaking an assessment of whether the entity was controlled in fact by one or more state-owned enterprises, as defined in section 3 of the Act, at the time the investment was implemented.

    • Application of subsection 26(2.32)

      (2) For greater certainty, subsection 26(2.32) of the Act, as enacted by subsection 143(4), applies if the notice referred to in subsection (1) has been sent.

• — 2013, c. 33, s. 152

  • Application of subsection 28(6.1)

    • 152 (1) If an investment has been implemented during the transition period, the Minister of Industry may make a determination under subsection 28(6.1) of the Act, as enacted by subsection 144(4), in respect of an entity directly or indirectly involved in the investment only if he or she has sent to the entity, within 60 days after the end of the transition period, a notice stating that he or she is undertaking an assessment to determine whether the entity was controlled in fact by a state-owned enterprise, as defined in section 3 of the Act, at the time the investment was implemented, or whether there was an acquisition of control in fact of that entity by such a state-owned enterprise, as the case may be.

    • Application of subsection 28(6.2)

      (2) For greater certainty, subsection 28(6.2) of the Act, as enacted by subsection 144(4), applies if the notice referred to in subsection (1) has been sent.

• — 2013, c. 33, s. 153

  • Applications under section 37

    153 Section 37 of the Act, as it read immediately before the day on which section 145 comes into force, continues to apply in respect of applications made under that section 37 before that day.

• — 2017, c. 6, s. 117

  • Investment Canada Act — Section 14.11

    117 Any application that is filed under section 17 of the Investment Canada Act before the day on which section 14.11 of that Act as enacted by section 80 of this Act comes into force and in respect of which the Minister of Industry has not issued a decision before that day is deemed never to have been filed if

    • (a) the investment to which the application relates would have been subject to subsections 14.11(1) or (2) of that Act, had the application been filed on that day; and

    • (b) the enterprise value of the assets to which the application relates is less than the amount referred to in paragraph 14.11(1)(a) of that Act.

• — 2017, c. 20, s. 194

  • Application for review — subsection 14.1(1)

    194 Any application that is filed under section 17 of the Investment Canada Act before the day on which paragraph 14.1(1)(d) of that Act, as enacted by section 192 of this Act, comes into force and in respect of which the Minister of Industry has not made a decision before that day is deemed never to have been filed if

    • (a) the investment to which the application relates would have been subject to subsection 14.1(1) of that Act, had the application been filed on that day; and

    • (b) the enterprise value of the assets to which the application relates is less than the amount referred to in paragraph 14.1(1)(d) of that Act, as enacted by section 192 of this Act.

• — 2018, c. 23, s. 48

  • Investment Canada Act

    48 Any application that is filed under section 17 of the Investment Canada Act before the day on which section 19 of this Act comes into force and in respect of which the Minister of Industry has not issued a decision before that day is deemed never to have been filed if

    • (a) the investment to which the application relates would have been subject to subsections 14.11(1) or (2) of the Investment Canada Act had the application been filed on that day; and

    • (b) the enterprise value of the assets to which the application relates is less than the amount referred to in subsection 14.11(1) of that Act.

• — 2021, c. 1, s. 50

  • Investment Canada Act

    50 Any application that is filed under section 17 of the Investment Canada Act before the day on which section 23 of this Act comes into force and in respect of which the Minister of Industry has not made a decision referred to in section 23.1 of the Investment Canada Act before that day is deemed never to have been filed if

    • (a) the investment to which the application relates would have been subject to subsection 14.11(1) or (2) of that Act had the application been filed on that day; and

    • (b) the enterprise value of the assets to which the application relates is less than the amount determined in accordance with subsection 14.11(1) of that Act.

• — 2024, c. 4, s. 22

  • Definitions

    • 22 (1) The following definitions apply in this section.

      former Act

      former Act means the Investment Canada Act as it read immediately before the day on which section 15 comes into force. (ancienne loi)

      new Act

      new Act means the Investment Canada Act as it reads on the day on which section 15 comes into force. (nouvelle loi)

    • Review continued under new Act

      (2) Subject to subsection (3), on or after the day on which section 15 comes into force, the review of any investment under Part IV.1 of the former Act in respect of which a measure has not been taken under subsection 25.3(6) of the former Act shall be taken up and continued in accordance with the new Act.

    • Subsections 25.3(2) and (6)

      (3) If a notice has been sent under subsection 25.3(2) of the former Act in respect of the investment before the day on which section 15 comes into force,

      • (a) the Minister shall, without delay after that day, send to the non-Canadian making the investment and to any person or entity from which the Canadian business or the entity referred to in paragraph 25.1(c) of the new Act is being acquired, a notice referred to in subsection 25.3(2) of the new Act; and

      • (b) the prescribed period for the purposes of subsection 25.3(6) of the new Act is the period beginning on the day on which the order under subsection 25.3(1) of the former Act is made and ending 45 days after that day.